Chair Johnson opened the hearing with
the Pledge of Allegiance and asked for public comment on the Land Use Code and
County Budget. No one from the audience addressed the Board regarding these
topics.

Chair Johnson noted that the following
item is on the consent agenda and would not be discussed unless requested by
the Board, staff, or a member of the audience:

1. CRYSTAL LAKES 13TH
FILING LOTS 68 AND 69 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #10-S2941:
This
request is to combine two adjacent lots, Lots 68 and 69 of Crystal Lakes 13th
Filing into one lot and vacate a 20-foot utility easement along the common lot
line of the two lots. No neighbors have voiced objections to this proposal.
Additionally, the following Larimer County agencies have stated that they have
no objections to this proposal:

·
The
Larimer County Department of Health and Environment

·
The
Larimer County Engineering Department Development Services Team

·
The
Larimer County Addressing Section

·
The
Larimer County Code Compliance Section

The Larimer County Assessor’s office has
provided a new legal description for the consolidated lot.

The Development Services Team recommends
approval of the Crystal Lakes 13th Filing, Lots 68 and 69, Lot
Consolidation and 20-foot Utility Easement Vacation, File # 10-S2941 subject to
the following condition(s):

1.
All conditions
of approval shall be met and the final resolution recorded by September 22,
2010, or this approval shall be null and void.

2.
The resultant
lot is subject to any and all covenants, deed restrictions, or other conditions
that apply to the original lots.

3.
The vacation of
the utility easement and the reconfiguration of the lots lines shall be
finalized at such time when the plat and findings and resolution of the County
Commissioners are recorded.

M O T I O N

Commissioner Donnelly moved that the
Board of County Commissioners approve the consent agenda, as listed above.

Motion carried 3-0.

Chair Johnson stated that Items 2 and 3
on the agenda would be discussed at the same time, allowing for public comment
after of the staff presentations.

2. POUDRE CANYON FIRE
STATION #1 FEE APPEAL, FILE #10-G0187:
The Poudre Fire Protection District
proposes to remove and replace the existing fire house and community meeting
building on the property located on the north side of Highway 287,
approximately 6 miles west of Highway 287, in the Poudre Park Subdivision.
The new fire house and community meeting space will occur in a new 8100 square-foot
structure, and will be served by an existing water well and new septic system.
The proposed fire house and community hall received approval from the Planning
Commission through the Location and Extent process on July 15, 2009.

The applicant is asking for all planning
application fees for the proposed fire house and community hall to be waived.
The Poudre Canyon Fire Protection District is requesting the fee appeal to help
defray the costs associated with the construction of the new building which provides
a public service. The District is also receiving funding from the Department
of Local Affairs, has passed a ballot issue to raise the mill levy, and is
pursuing grants to help raise the needed funds. The District feels that the
current station is outdated and does not sufficiently meet the needs of the
community.

·
The
applicant paid the Location and Extent Fee of $800.

·
The
Site Plan fee for a building less than 10,000 gross square-feet is $1500 (including
an associated Wildfire Review fee).

·
The
variance fee is $500.

The Development Review Team would like
to note that in the past the Board of County Commissioners has allocated fee
waivers to be paid from their special fund budget.

The Development Services Team supports
this fee appeal and recommends approval because the proposed project is
consistent with the Larimer County Master Plan and provides a needed public
service.

3. POUDRE
CANYON FIRE PROTECTION DISTRICT STATION #2 FEE APPEAL, FILE #10-G0188:
The Poudre
Fire Protection District proposes to remove and replace the existing meeting
hall and include a fire house on the property located on the south side of
Highway 287, approximately 1.5 miles west of Rustic. The new meeting hall and
fire house will occur in a new 8900 square foot structure, and will be served
by an existing water well and new septic system. The proposed fire house and
new community hall received approval from the Planning Commission through the
Location and Extent process on July 15, 2009.

The applicant is asking for all planning
application fees for the proposed fire house and community hall to be waived.
The Poudre Canyon Fire Protection District is requesting the fee appeal to help
defray the costs associated with the construction of the new buildings which provides
a public service. The District is also receiving funding from Department of
Local Affairs, has passed a ballot issue to raise the mill levy, and is
pursuing grants to help raise the needed funds.

This proposed project site requires a
Minor Land Division, because multiple principle buildings currently exist on a
single parcel. These principle buildings can remain as they are. However, if
any new principle buildings are proposed on the same site, approval through the
Special Exception Process for multiple principle buildings is required; or a land
division would be required to divide the land into separate parcels, each with
a principle building. The Minor Land Division process, through the Location
and Extended Review process, can be used to create new lots for public uses
that require county review for potential impacts. Because the District will be
creating a new lot through the Minor Land Division process, the Development
Services Team requests that the entire Minor Land Division fee be paid.

·
The
applicant paid the Location and Extent Fee of $800.

·
The
applicant paid the Minor Land Division Fee of $1000.

·
The
Site Plan fee for building less than 10,000 gross square feet is $1500 (including
an associated Wildfire Review fee).

·
The
variance fee is $500.

The Development Review Team would like
to note that on occasion in the past the Board of County Commissioners has
allocated fee waivers to be paid from their special fund budget.

The Development Services Team supports
the fee appeals for everything except the Minor Land Division because the proposed
project is consistent with the Larimer County Master Plan and it provides a
needed public service. Because a new lot is being created with the Minor Land
Division process, staff is recommending that the full Minor Land Division fee of
$1000 be paid.

The Development Services Team recommends
approval of the Poudre Canyon Fire Protection District Station #2 Fee Appeal,
File #10-G0188, subject to the following condition:

1.
The full Minor
Land Division fee of $1000 must be paid.

Justin Larson with JCL Architecture, the
applicant for both items 2 and 3, stated that he is in full support of staff’s
findings and explained the long-term leases on the property. Mr. Larson
further explained the desire to have the fees waived due to limited funding and
the needs of the community.

There was no public comment on these two
items.

M O T I O N

Commissioner Gaiter moved that the Board
of County Commissioners approve the Poudre Canyon Fire Protection District
Station #1 Fee Appeal, File #10-G0187.

Motion carried 3-0.

M O T I O N

Commissioner Gaiter moved that the Board
of County Commissioners approve the Poudre Canyon Fire Protection District
Station #2 Fee Appeal, File #10-G0188, subject to the condition as outlined
above, stating that the fees are to be covered by a reduction in the Planning
Department budget and not by the Commissioners Special Projects Fund.

Motion carried 3-0.

4. OLD POUDRE CITY MINOR
LAND DIVISION AND APPEAL:
The purpose of a Minor Land Division is to provide
for the timely review of proposed land divisions that do not discernibly impact
surrounding properties, environmental resources, or public facilities. Minor
Land Divisions can be used for division of land for public utilities, open
space, schools, or other public use that requires County review of potential
impact through the Location and Extent Review or Special Review process.

The
subject property is located on the south side of Highway 287, approximately 1.5
miles west of Rustic. The Poudre Fire Protection District proposes to remove
and replace the existing meeting hall on the property, including a new fire
house. The new meeting hall and fire house will occur in a new 8900 square
foot structure, and will be served by an existing water well and new septic
system.

The applicant is requesting to divide
the existing lot into 2 separate lots. The existing church will remain on one
2.33 acre lot, and the existing meeting hall will be replaced with a new
community hall and fire house on a 3.88 acre lot. This proposal will create
one additional lot. The existing parcel is located in the O-Open zoning
district which has a minimum lot size of 10 acres. The existing lot currently
does not meet that minimum lot size requirement. Because neither of the
proposed lots will meet this requirement, this application includes an appeal
to the minimum lot size. The Land Use Code states that the Board of County
Commissioners may grant an appeal to the minimum lot size, provided the use
meets minimum setbacks and sewage disposal requirements.

The proposed fire house and new
community hall received approval from the Planning Commission through the
Location and Extent process on July 15, 2009. If this request for a Minor Land
Division is approved, the applicants will still be required to go through the
Site Plan Review process where standards of development indicated in the Land
Use Code, including access, drainage, and sewage disposal, will be addressed
and reviewed in more detail.

No neighbors have commented on this
Minor Land Division. Additionally, the following Larimer County and outside
review agencies had the following comments on the proposed Minor Land Division:

·
Dale
Greer, Land Surveyor with the Larimer County Engineering Department, identified
technical corrections needed on the plat.

·
The
Larimer County Engineering Department provided general advisory comments that
would apply to any future improvements or development proposed on the property,
and provided comments regarding drainage patterns. They also requested a 40-foot
wide shared access easement be dedicated along the property boundary to provide
legal access to both properties.

·
Code
Compliance staff indicated a building permit will be required for the new fire
station and that a change of occupancy permit may be required for the remaining
school building on proposed Lot 2.

·
The
Division of Water Resources indicated that if the County approves the proposed
land division as an exemption and provided the proposal meets the Policy of the
State Engineer regarding exempt commercial uses then the office could issue a
new commercial exempt well permit for the proposed Lot 1.

·
The
Larimer County Department of Health and Environment indicated that they cannot
support the proposal based on the current information and they are requesting additional
technical information. The Health Department needs to see that the property
can accommodate the proposed water and sewer systems so that they can determine
if a septic permit can be issued for proposed Lot 2 that would meet all the
requirements.

If the proposed Minor Land Division is
approved, the applicant will have to go through the Site Plan Review process
where standards of development will be reviewed in greater detail for
compliance with the Land Use Code. In order for the Board of County
Commissioners to approve a Minor Land Division for a public use that includes a
lot size appeal, the proposed use must meet the minimum sewage disposal
requirements. Because the applicants have not demonstrated that they can meet
this requirement, staff is recommending a conditional approval that the
applicant will have to provide the required technical information to the Health
Department demonstrating that the sewage disposal requirement can be met.

The Development Services Team finds that
this request meets all the review criteria for a Minor Land Division with the
exception of demonstrating that adequate sewage disposal requirements can be
met. The applicant will have to provide documentation demonstrating how they
can meet the Health Department’s requirements prior to recordation of the final
plat.

The Development Services Team recommends
approval of Old Poudre City Minor Land Division and Appeal, File #10-S2943, subject
to the following conditions (and
authorization for the chair to sign the plat when the conditions are met and
the plat is presented for signature):

1.
All conditions
of approval shall be met and the Final Plat recorded by September 22, 2010, or
this approval shall be null and void.

2.
Prior to the
recordation of the Final Plat the applicant shall make the technical
corrections required by Dale Greer, Land Surveyor of the Larimer County
Engineering Department.

3.
Prior to
recordation of the final plat the applicant shall change the title of the plat
to read “Old Poudre City M.L.D. File No. 10-S2943 an exemption from subdivision
regulations,” revise the Surveyor’s Certificate, and Certificate of Ownership
and Dedication to match this title.

4.
Prior to
recordation of the final plat, the applicant must provide technical information
to the Health Department ensuring that a septic permit can be issued for
proposed Lot 2 that meets all the Health Department requirements.

5.
Prior to
approval of the subsequent Site Plan Review, the applicant must provide
documentation to the Planning Department indicating that they can comply with
the requirements of the Division of Water Resources. If a new well is required
for proposed Lot 1, the applicant will have to provide documentation that they
have obtained a permit for a new well.

Ms. Mott outlined two additional
conditions for approval that were not included in the original staff report:

6.
Prior to
approval of the subsequent Site Plan Review, the applicant must eliminate one
end of the circular drive on the property leaving a single shared drive to be
used by the two new lots. An access permit from Colorado Department of
Transportation will be required to close one end of the circular drive. The
existing driveway that will remain open must comply with Colorado Department of
Transportation requirements.

7.
The proposed Lot
2 can only be used for a fire house and community center.

Justin Larson with JCL Architecture, the
applicant, discussed in detail the flood plain requirements on the lots,
F.E.M.A.’s involvement, and the existing and newly proposed septic systems on
the lots. Mr. Larson also stated that he is agreement with the conditions
outlined by staff.

The Board asked for further
clarification of the changes of the 100-year flood plain as a result of the
Certified Letter of Map Amendment submitted by F.E.M.A. Mr. Larson explained
that due to the changes in the flood plain boundary, the proposed lots are no
longer within the boundary of 100-year flood plain.

Discussion ensued regarding the
requirements of C.D.O.T. for the entry point, and the right-of-way required
along Highway 14.

Chair Johnson opened the hearing for
public comment and Dave Lamont, Robert Smith, and Lloyd Rowe spoke in
opposition of this application citing flood plain concerns, septic system
problems, site location concerns, as well as the increased mill levies.

Carl Solley, Bob Stall, and Bev McBride
spoke in support of the application stating that the current fire station
facility is hardly adequate for the public need, and creates traffic and safety
concerns along Highway 14.

M O T I O N

Commissioner Donnelly moved that the
Board of County Commissioners approve the Old Poudre City Minor Land Division
and Appeal, File #10-S2943, subject to the conditions as outlined and amended
above (and authorization for the chair to sign the plat when the conditions are
met and the plat is presented for signature).

Under discussion of the motion, Commissioner
Gaiter requested a friendly amendment to include an additional condition of
approval stating that the applicant is responsible for submitting sufficient
documentation demonstrating that the new lots and structures are outside the
100-year flood plain prior to the approval of the Site Plan Review and
recordation of the final plat.

Motion carried 3-0.

5. WELCH/SCHMID APPEAL:
On February 1,
2010, the Board of County Commissioners denied the Bingham Hill Farms Special
Review (09-Z1749) for a community hall and seasonal camp at 3924 Bingham Hill
Road, Fort Collins, Colorado. The stated reason for the denial was neighborhood
incompatibility resulting from the intensity of the proposed use.

Following the denial, the applicant
contacted the Planning Department seeking re-submittal of a revised application
for the same use at a reduced level of intensity. According to the Larimer
County Land Use Code Section 12.2.7.E, re-submittal of applications following
denial by the Board of County Commissioners are only allowed if the application
is determined to be significantly changed. Refer to this sub-section below:

Section
12.2.7.E. Re-submittal of an application. A development application denied by
the County Commissioners may be resubmitted only if the applicant makes
significant changes to address the reasons stated for the denial. The Planning
Director will determine if the changes are sufficient to allow a re-submittal.
The decision of the Planning Director can be appealed to the County
Commissioners.

The Planning Director’s determination of
significance was based on the reduction in intensity of proposed use quantified
by the size and frequency of events to be held on the property. The comparison
below summarizes this reduction.

The revised application proposes less
than half of the number of events originally submitted. Additionally, the maximum
size of these events have been reduced, weddings have been limited, and camp
sessions will now count towards the total number of events. In this revised
application the parking facility has been reduced in size and relocated to
ensure effective screening of the parking area from nearby residents. Parking
area landscape screening is also proposed.

These revisions were determined to be
significant and intended to increase neighborhood compatibility by reducing the
intensity, scale, and frequency of the proposed community hall and seasonal
camp uses on the property.

The Board clarified that it is not the
application itself that is being decided today, nor is it whether the use is
compatible with the neighborhood. The only decision currently before the Board
is whether or not to uphold the Planning Director’s decision that the changes
in the application were significant enough to allow for re-submittal.

John Schmid stated that the reason for
his appeal to the Planning Director’s decision is that the original reasons for
denial of the original application have not been rectified nor are they
addressed by the changes in this new application. Mr. Schmid explained that
the original conditions of denial still exist and the changes in the
application are not significant enough to allow for an additional hearing.

Joan Welch-Schmid, Ken Ecton, Shelby
Majors, Dick Speiss, Liz Twedt, Rebecca Douglas, and David Garner also
addressed the Board and stated their opposition to this new application and the
Planning Director’s decision to allow re-submittal.

Discussion ensued regarding the needs of
the neighborhood, the number of events, and the amount of noise and traffic
generated by the use of the property.

M O T I O N

Commissioner Gaiter moved that the Board
of County Commissioners affirm the determination made by the Planning and
Building Services Division Director, that the changes made to the Special Review
application for the Pope Special Review, File #10-Z1777, are significant and
therefore allow for a re-submittal of the application.

1.
PUBLIC COMMENT: The
following individuals commented favorably on the Poudre Canyon Fire Protection
District: Sandra Lunt, Leanne Davis, Dean Miller, John Owen, and Janet Goswald,
provided their personal history and experience with the fire protection
district. They all supported the construction of a new fire station for this
area.

2.
APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 15, 2010:

M
O T I O N

Commissioner
Gaiter moved that the Board of County Commissioners approve the minutes for the
week of March 15, 2010.

Motion
carried 3-0.

3.
REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 29, 2010:
Ms. Hart
reviewed the upcoming schedule with the Board.

4.
CONSENT AGENDA:

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the following
documents, as listed on the consent agenda for March 23, 2010:

PEITIONS
FOR ABATEMENT:
As recommended by the County Assessor, the following Petitions for Abatement
are denied: Drake Crossing Retail Center, LLC; Alvin E Walker – Trustee. As
recommended by the County Assessor, the following Petitions for Abatement are
approved: United Valley Bank; Ronald and Janice Montross; Dick and Laura
Johnston; 901 Harmony I LLC(30); JZL Corporation; Vern W West Trust; Younoszai
and Associates, LLC; Warren and Barbara Kroeker; First National Bank (2
parcels); First Interstate Bank of Fort Collins; Rockey Mountain Village II,
LLLP; and Paul Janke.

4.
RECOGNIZE EXCELLENCE IN FITD SUPPORT SERVICES:
Commissioner
Gaiter presented certificates of achievement and gift certificates for Dazbog
Coffee (donated by Dazbog Coffee Company, Fort Collins), to a number of
Facilities and Information Technology individuals, as well as the Facilities
and Information Technology Division, in recognition of their excellent customer
survey results.

5.
PROPOSED LEASE OF SITE ON LARIMER COUNTY PROPERTY FOR CONSTRUCTION OF A
COMMUNICATION ANTENNA:
Mr. Gillette explained that a private company
has approached the Solid Waste Department in hopes of erecting a communication
antenna on landfill property. Mr. Gillette presented diagrams depicting the
proposed height of the antenna, noting that it would be no taller than the
existing telephone and power poles currently on site. Mr. Gillette stated that
the antenna will be erected in an area dedicated for borrow material, and
therefore, would not negatively affect Landfill operations. He requested
permission to negotiate and secure a fair market value lease with the party to
install the antenna on County property. Consensus of the Board was to allow
Mr. Gillette to pursue this endeavor.

6.
TRADE PORTIONS OF COUNTY PARCELS FOR PUBLIC FISHING EASEMENTS ALONG THE BIG
THOMPSON RIVER:
Mr. Buffington noted that as a result of previous Board approval, the
Department of Natural Resources has sold portions of Big Thompson flood parcels
in the Hayden Subdivision to adjacent property owners. He also noted that
direction was given for staff to trade two County lots in exchange for Public Fishing
Easements. Mr. Johnson presented documentation outlining which areas would be
designated fishing areas. Mr. Buffington requested the Board sign the two
Resolutions for Conveyance, and the two Public Fishing Easement documents.
Commissioner Donnelly asked if the title of the document should read “Public
Easement” so that folks would know it was indeed a public easement and not
restricted to fishing. Discussion ensued, and Mr. Johnson stated that he would
ask for the County Attorney’s input on whether or not the documents should be
“reworded” in order to better define the easement. Mr. Johnson will bring the
documents back for Board approval at a future Administrative Matters meeting.

M
O T I O N

Commissioner
Gaiter moved that the Board of County Commissioners approve the trade of two
County-owned lots within Hayden Subdivision to the top of the riverbank in
exchange for public access fishing easements to the center of the river with
adjacent, private land owners.

Motion
carried 3-0.

M
O T I O N

Commissioner
Gaiter moved that the Board of County Commissioners approve the Resolutions for
Conveyance of the two County-owned lots within the Hayden Subdivision.

Motion
carried 3-0.

03232010R002 RESOLUTION
FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS AND QUIT CLAIM DEED TO THE
CHAPEL OF THE INTERLUDE, INC.

03232010R003 RESOLUTION
FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS AND QUIT CLAIM DEED TO
EDWARD J. EGLOFF AND SARAH V. EGLOFF

7.
EXTENSION OF DEADLINE IMPOSED BY COMMISSIONERS AT CODE COMPLIANCE HEARING:
Ms. Hoffmann and
Ms. Phippen requested direction from the Board regarding extending deadlines
for code compliance issues that have not been resolved. Ms. Phippen reviewed
three items with the Board, noting that two of the projects required time
extensions due to weather related delays; Consensus of the Board was to
authorize the time extension for these two projects. Discussion ensued
regarding whether or not to allow an extension for the owner of a bicycle
repair shop to continue operating his business in his garage without obtaining
Minor Special Review approval. Consensus of the Board was to direct the County
Attorney to draft a letter to the business owner, informing him that he must
comply with the Commissioners’ findings and begin the Minor Special Review process,
or they will proceed with legal action.